Anti-vax protester jailed for sabotage

The man subject to New Zealand’s first-ever sabotage convictions has been sentenced to three years and one month in prison.

And for the first time, it can be revealed exactly what he targeted; infrastructure belonging to New Zealand’s national electrical grid.

Graham Philip, a 62-year-old IT professional and Covid conspiracy theorist was charged with seven counts of wilful damage last December. The charges were upgraded to seven of sabotage earlier this year. He was also convicted of unlawfully entering agricultural land.

The charges relate to alleged attacks on Transpower infrastructure last November, which caused about $1.25 million in damage. One of the attacks caused a fire.

He appeared for sentencing yesterday in the High Court at Hamilton supported by family and friends.

Sabotage is legally defined in the Crimes Act as any activity which impairs or impedes the operation of “any ship, vehicle, aircraft, arms, munitions, equipment, machinery, apparatus, or atomic or nuclear plant” on New Zealand shores.

A person can also be charged with sabotage if the person “damages or destroys any property which is necessary to keep intact for the safety or health of the public”.

A conviction also requires a proven intent to prejudice the health or safety of the public.

Addressing Justice Kiri Tahana, Philip’s lawyer Bill Nabney said his client was remorseful for his actions.

Nabney said the offending stemmed from Philip’s deep frustration that the concerns of unvaccinated New Zealanders weren’t taken seriously, by the government or media.

“What he does accept, is that what he did was not appropriate. There were better ways to express his opposition to the vaccine mandate.”

Nabney referred to Philip’s appearance in a 60 Minutes programme some years ago, while he was volunteering in a poverty-stricken village in Brazil.

"He is a man who deserves credit for his previous good character."

But Crown prosecutor Amanda Gordon said it was not clear Philip was remorseful but he was entitled to a discount for his guilty plea.

A pre-sentence report found Philip holds fundamental Christian views, and "believes things passionately". His wife talked of his normally peaceful nature.

"Your wife says you have made a mammoth mistake, one you have learned from."

From a starting point of four years and six months, Justice Tahana granted a 10 per cent discount for prior good character, and 20 per cent for his guilty plea, resulting in an end sentence of 37 months in prison.

Earlier this year, University of Waikato law professor Alexander Gillespie, who specialises in international and conflict law, said he was not aware of any instance where the charge has been laid in New Zealand, largely due to the offence being subsumed by the country’s modern terrorism legislation.

"It’s a historical offence. A lot of the rules around sabotage came out in the Second World War when we were scared about foreign interference," Gillespie said.

The legislation was kept after societal unrest led to concerns about homegrown offending.

Gillespie said it was surprising to hear authorities utilising the typically idle section of the Crimes Act.